Criminal Procedure Act 2010

• (c) such earlier date as the court may direct.]

• (3) A notice under subsection (2) shall be in writing and shall include—

• (a) the name and address of the expert witness, and

• (b) any report prepared by the expert witness concerning a matter relevant to the case, including details of any analysis carried out by or on behalf of, or relied upon by, the expert witness, or a summary of the findings of the expert witness.

• (4) The court may grant leave to call an expert witness or adduce expert evidence even if no report or summary of the findings are included as required by subsection (3)(b), if the court is satisfied that the accused took all reasonable steps to secure the report or summary before giving the notice.

• (5) The court shall grant leave under this section to call an expert witness or adduce expert evidence, on application by the defence, if it is satisfied that the expert evidence to be adduced satisfies the requirements of any enactment or rule of law relating to evidence and that—

• (a) subsections (2) and (3) have been complied with,

• F12[(b) where notice was not given within the period specified in paragraph (a), (b) or (c), as the case may be, of subsection (2) —

• (i) it would not, in all the circumstances of the case, have been reasonably possible for the defence to have done so, or

• (ii) it is otherwise necessary in the interests of justice that the expert witness give evidence or the expert evidence be adduced,

or]

• (c) where the prosecution has adduced expert evidence, a matter arose from that expert’s testimony that was not reasonably possible for the defence to have anticipated and it would be in the interests of justice for that matter to be further examined in order to establish its relevance to the case.

• (6) The prosecution shall be heard in an application under subsection (4) or (5).

• (7) A notice required by this section to be given to the prosecution may be given by delivering it to the prosecutor, or by leaving it at his or her office or by sending it by registered post to his or her office.

• (8) Where the court grants leave under this section, the prosecution shall be given a reasonable opportunity to consider the report or summary before the expert witness gives the evidence or the evidence is otherwise adduced.

• (9) In this section—

“expert evidence” means evidence of fact or opinion given by an expert witness, and

“expert witness” means a person who appears to the court to possess the appropriate qualifications or experience about the matter to which the witness's evidence relates.

35. Return or disposal of property to be used as evidence.

35.— (1) This section applies where property that is to be entered in evidence in a criminal trial is to be—

• (a) returned to its owner, or

• (b) disposed of,

before the trial begins.

• (2) Where the prosecution proposes to dispose of property that is to be entered in evidence or return it to its owner before the scheduled date of the start of the trial, the prosecution shall serve a notice under this section (the “prosecution notice”) on the accused at any time that is at least 23 days prior to that date.

• (3) The prosecution notice shall contain a description of the property in sufficient detail to identify it and a statement as to the relevance of the property to the proceedings, together with—

• (a) one or more photographs of the property, and

• (b) any report that the prosecution proposes to enter in evidence arising from the analysis of the property, including analysis of any materials found in or on the property (the “prosecution report of evidence”).

• (4) Not later than 7 days after service of the prosecution notice under subsection (2), the defence shall serve on the prosecution a notice in writing (the “defence notice”) that indicates one of the following:

• (a) that the defence accepts the prosecution notice and agrees to the return or disposal of the property;

• (b) that the defence wishes to provide to the prosecution a report that conforms with subsection (3) (the “defence report of evidence”);

• (c) that the defence requires the property to be available as an exhibit at the trial.

• (5) Where the defence notice served under subsection (4) is a notice mentioned in paragraph (b) of that subsection, then, notwithstanding section 34, the defence shall, not later than 7 days after service of that notice, serve the defence report of evidence on the prosecution.

• (6) Where a defence report of evidence is served on the prosecution under subsection (5), the prosecution shall, not later than 3 days prior to the scheduled date of the start of the trial, provide to the defence and the court a notice stating whether it accepts or rejects that notice (the “prosecution notice of reply”).

• (7) If the defence notice under subsection (4) is made under paragraph (a) of that subsection or is made under paragraph (b) of that subsection and a defence report of evidence is served under subsection (5) and accepted under subsection (6), then—

• (a) a member of the Garda Síochána not below the rank of inspector shall, on receipt by him or her of a copy of the notice referred to in subsection (4) or (6), cause the property to be returned or disposed of, as the case may be,

• (b) the member referred to in paragraph (a) shall keep a written record of the return or disposal of the property, and

• (c) where the property is returned to its owner, the owner shall acknowledge in writing the receipt of the property.

• (8) The following rules apply to admissibility of evidence:

• (a) where subsection (4)(a) applies, the prosecution report of evidence is proof of the facts stated therein, unless the contrary is shown;

• (b) where subsection (4)(b) applies and a defence report of evidence is served on the prosecution under subsection (5) and accepted under subsection (6), the defence report of evidence is proof of the facts stated therein, unless the contrary is shown;

• (c) where subsection (4)(c) applies, the property may be admitted as evidence in any trial in which the property is otherwise admissible;

• (d) in any other case, a report prepared under subsection (3) or (5) may be admitted as evidence in any trial in which the property is otherwise admissible.

• (9) Any person who prepares information contained in a report under subsection (3) or (5) may be called to give evidence in relation to all or any part of the report, and may be cross-examined on that evidence.

Chapter 2 Miscellaneous amendments

36. Amendment of section 22 of Courts Act 1991.

36.— Section 22 of the Courts Act 1991 is amended, in subsection (5), by the deletion of “if the complaint or accusation has been substantiated on oath and”.

37. Amendment of Act of 1967.

37.— The Act of 1967 is amended—

• (a) in section 4, by the substitution in subsection (2), of “instituted or continued except by the Attorney General” for “instituted or continued except by, or on behalf or with the consent of, the Attorney General”,

• (b) in section 4B, by the substitution of the following subsection for subsection (1):

• “(1)

  • (a) Subject to subsection (3), the prosecutor shall cause the documents specified in paragraph (b) to be served on the accused or his or her solicitor (if any) not later than 42 days from the date on which—

    • (i) the accused, on being informed by the District Court of his or her right to be tried by a jury, objects to being tried summarily or the prosecutor informs the court that he or she does not consent to the person being tried summarily for the offence concerned or,

    • (ii) in the case of an offence in respect of which the prosecutor may elect to prosecute either summarily or on indictment, the prosecutor elects to try the offence on indictment, or

    • (iii) the District Court determines that the facts alleged do not constitute a minor offence and are not fit to be tried summarily.

  • (b) The documents referred to in paragraph (a) are:

    • (i) a statement of the charges against the accused;

    • (ii) a copy of any sworn information in writing upon which the proceedings were initiated;

    • (iii) a list of the witnesses the prosecutor proposes to call at the trial;

    • (iv) a statement of the evidence that is expected to be given by each of them;

    • (v) a copy of any document containing information which it is proposed to give in evidence by virtue of Part II of the Criminal Evidence Act 1992;

    • (vi) where appropriate, a copy of a certificate under section 6(1) of that Act;

    • (vii) a list of the exhibits (if any).”,

and

• (c) in section 24(5), by the substitution of the following paragraph for paragraph (a):

• “(a) If the Court is satisfied that a person who has been remanded in custody is unable to be brought before the Court at the expiration of the period of remand—

  • (i) by reason of illness or accident, or

  • (ii) for any other good and sufficient reason,

  the Court may, in that person’s absence, remand the person for such further period, which may exceed fifteen days, as the Court considers reasonable.”.

38. Amendment to First Schedule to Criminal Justice Act 1951.

38.— The First Schedule to the Criminal Justice Act 1951 is amended by the insertion of the following reference:

“26. The offence at common law of breach of the peace.”.

SCHEDULE RELEVANT OFFENCES

Section 7.

Common law offences

Genocide, crimes against humanity, war crimes and ancillary offences

F13[5A. An offence under paragraph (a), (b) or (c) of section 2(1) or under section 3(1) of the Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Act 2017.]

Torture

• (a) section 2(1) (offence of torture by a public official);

• (b) section 2(2) (offence of torture instigated by a public official);

• (c) section 3(a) (attempt or conspiracy to commit torture);

• (d) section 3(b) (obstructing prosecution of another).

Sexual offences

Offences against the person

• (a) section 4 (causing serious harm);

• F14[(aa) section 4A (non-fatal strangulation or non-fatal suffocation causing serious harm);]

• F15[(ab) section 4B (causing serious harm aggravated by hatred);]

• (b) section 6(5) (syringe offences);

• (c) section 8(2) (placing or abandoning syringe);

• (d) section 15(1) (false imprisonment).

Trafficking

Offences against the State

• (a) section 9(1) (hostage taking);

• (b) section 9(2) (attempted hostage taking);

• (c) section 10(1) (terrorist bombing);

• (d) section 10(2) (terrorist bombing causing major economic loss);

• (e) section 10(3) (attempted bombing).

Organised Crime

Drugs offences

Firearms offences

Explosives offences

Damaging property

F15[20A. An offence under section 2A of the Criminal Damage Act 1991 (damaging property aggravated by hatred).]

Robbery and burglary

Air navigation offences

Maritime security offences

Accomplices

Attempts and conspiracy